Hong Kong Ordinances

ADOPTION ORDINANCE - SECT 6

Dispensing with consent to adoption

(Past version on 30/06/1997).

(1) The Court may dispense with any consent required by section  5 (5)(a) if
it is satisfied-

   (a)  in the case of a parent or guardian of the infant, that he has
        abandoned, neglected or persistently ill-treated the infant;

   (b)  in the case of a person liable by virtue of an order or agreement to
        contribute to the maintenance of the infant, that he has persistently
        neglected or refused so to contribute;

   (c)  in any case, that the person whose consent is required cannot be found
        or is incapable of giving his consent or that his consent is
        unreasonably withheld, or if it is of opinion that such consent ought,
        in all the circumstances of the case, to be dispensed with.

(2) The Court may dispense with the consent of the spouse of an applicant for
an adoption order if satisfied that the person whose consent is to be
dispensed with cannot be found or is incapable of giving the consent or that
the spouses have separated and are living apart and that the separation is
likely to be permanent, or if it is of opinion that such consent ought, in all
the circumstances of the case, to be dispensed with.

(3) The consent required by section 5(5)(a) may be given without knowing the
identity of the applicant for the order; and where consent so given by any
person is subsequently withdrawn on the ground only that he does not know the
identity of the applicant, his consent shall be deemed for the purposes of
this section to be unreasonably withheld. (Amended 28 of 2004 s. 12)

(4) While an application for an adoption order in respect of an infant is
pending in any Court, any parent or guardian of the infant who has signified
his consent to the making of an adoption order in pursuance of the application
shall not be entitled, except with the leave of the Court, to remove the
infant from the care and possession of the applicant; and in considering
whether to grant or refuse such leave the Court shall have regard to the best
interests of the infant. (Amended 28 of 2004 s. 12) [cf. 1950 c. 26 s. 3 U.K.]